Columbus--A state equality bill that was expected
to get a vote this summer could be delayed for over
a year if the Ohio House’s second-highest Democrat
gets her way.

House Majority Floor Leader Jennifer Garrison of
Marietta wants the Equal Housing and Employment Act
to wait until after the November 2010 election, according
to some of her colleagues, so that she can run for
secretary of state without having to answer for her
vote on it.

The bill, also known as EHEA or H.R. 176, prohibits
discrimination by sexual orientation or gender identity
in public and private employment, housing and public
accommodations. It passed the State Government Committee
8-5 on June 17 and could be voted on by the entire
House at any time.

Twenty-one other states have similar measures, including
one passed last week in Delaware. No federal protections
exist.

There have been six House sessions since the bill
cleared the committee, most consumed by budget matters.
Legislators and the governor could not agree on a
budget for the fiscal year that began July 1,
and the state is running on temporary resolutions
until an agreement can be reached.

But the House has voted on other matters in those
six sessions, expanding domestic violence laws to
include foster parents, changing the licensing of
dental assistants and proposing a constitutional amendment
to set livestock care standards.

Some EHEA supporters are concerned that delaying
the vote will hurt its chances to pass during the
present two-year session, requiring it to be reintroduced
for the next one in 2011.

The measure’s Democratic sponsor, Dan Stewart of
Columbus, is not concerned with the bill’s speed so
far, but also sees no benefit in it lingering.

“I don’t want it to come up on a budget vote,” Stewart
said. “People won’t be focused on anything but the
budget, but if we’re passing other legislation, I
want it to move.”

The bill now has between 53 and 61 “Yes” votes in
the 99-member House, depending on who is asked. Fifty
votes are needed to pass it. The chamber has 53 Democrats
and 46 Republicans.

Stewart believes that 8 to 12 Republicans will join
51 Democrats in voting for the bill, when it comes
to the House floor.

Speaker Budish wants
a quick vote

House Speaker Armond Budish of Beachwood made it
clear on Equality Ohio’s lobby day in May that he
would move the bill quickly.

His spokesperson, Keary McCarthy, stood by that commitment
on June 30.

But Garrison has been quietly pulling in the other
direction.

One of the most socially conservative Democrats in
the General Assembly, colleagues say Garrison is very
influential with Budish.

She is running for secretary of state next year,
and will face Franklin County Commissioner Marilyn
Brown in the Democratic primary. Brown is backed by
current Secretary Jennifer Brunner, who is running
for U.S. Senate. The winner will face either Republican
State Sen. Jon Husted or former Ashtabula County Treasurer
Sandy O’Brien.

Garrison already has a rocky relationship with the
LGBT community. She won her House seat by gay-baiting
her predecessor, Nancy Hollister, in 2004.

Earlier that year, Hollister was the only Republican
to vote against the so-called “defense of marriage
act.” It was considered a courageous vote.

Garrison sent out mailings that read, “If you believe
marriage is between one man and one woman, there’s
something you should know about Nancy Hollister.”

The other side of the card said, “DOMA was enacted
precisely to protect Ohioans from having to accept
‘marriages’ or ‘unions’ entered into in other states.
Despite the value of DOMA, Nancy Hollister voted against
it. Jennifer Garrison believes marriage is between
one man and one woman and will fight to protect our
values.”

In 2006, as a member of the House Education Committee,
Garrison helped to kill an amendment that would have
required Ohio schools to protect students from bullying
for their sexual orientation or gender identity.

The anti-bullying bill passed without the LGBT protections.

An attorney, Garrison opposed EHEA last year, saying
it is wrong to single out classes of people for protection.
This is a common talking point that anti-gays use
against equality laws, and is legally flawed.

Garrison told a group of Equality Ohio volunteers
who visited her in May that she believes “no one should
be discriminated against,” adding, “I will read the
bill.”

She added that she would wait to see what kind of
support the bill gets in committee before deciding
how she will vote.

Garrison now supports
EHEA

Since May, Garrison has changed her view on the bill.

She did not talk directly to the Gay People’s
Chronicle, but issued a statement through McCarthy.

“Rep. Garrison supports H.B. 176 and opposes discrimination
in any form,” said McCarthy.

However, Garrison was also asked, through McCarthy
and her legislative aide, about her attempts to delay
the bill’s floor vote.

Her statement is silent on that matter.

Democratic House members and staffers, all speaking
to the Chronicle under condition of anonymity,
recounted conversations and communications Garrison
had about the bill.

They believe, to a person, that Garrison doesn’t
want the vote on her record at all as she enters the
secretary of state race.

If Garrison opposes EHEA, they opine, it will be
used against her in the primary against the progressive
Brown. If she votes for it, conservatives that she
is courting for the general election will use that
against her.

“It’s really sad when someone puts personal politics
ahead of a bill like [EHEA] that is so fundamental
to our core principles as Democrats,” said one frustrated
House member.

Garrison is also anti-choice, and scores favorably
with those interests, who are generally anti-gay,
and will be scoring votes for EHEA unfavorably.

House to recess until
fall

After a budget is passed, the House will recess for
the summer and likely not return until September.

Delaying the vote until the end of 2010, as members
say Garrison wants, will not give the Senate much
time with it, essentially killing any chance it has
there at all.

“That’s not acceptable to me,” said Stewart, of the
possibility of a long delay.

According to Equality Ohio director Lynne Bowman,
this is not the first time Garrison has tried to delay
votes on this bill.

Bowman said Garrison was originally advocating for
the committee to delay action on it, too.

“Jennifer didn’t want the bill to go forward last
year,” said Bowman. “She was worried that it would
hurt candidates.”

When the bill was before the House last year, the
Democrats were trying to win the majority they now
have. The bill died in the House after only one committee
hearing.

Garrison also appears to be worried about the vote’s
possible effect on Democrats who narrowly won their
seats in conservative districts.

She has reportedly taken some of those members aside
and told them voting for EHEA is “risky” and “dangerous”
for them in the next election.

At this point, according to Stewart and Equality
Ohio, these efforts have not appeared to dissuade
anyone. But if the delay is long enough, that could
change, too.

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